Five questions to answer before you sue anyone
Being right is not the same as being better off. A short, honest assessment before filing saves many businesses a great deal of money.
Read articlePractice area
Litigation & Dispute Resolution
Our first question is always what a good outcome would actually be worth to you.
Overview
What this work involves
Litigation is a means to an end. Before filing anything we want to know what resolution is genuinely worth to you: the money, but also the time, the relationship and the distraction from running your business.
Sometimes that points to court. Often it points to a settlement, mediation or arbitration that gets a workable result faster and more privately. We will tell you which we think serves you, including when the honest answer is that a claim is not worth pursuing.
What we help clients with
The work, set out plainly.
Commercial disputes
Breach of contract, non-payment, defective performance, and disagreements between business partners.
Pre-action strategy
Setting out a position clearly and firmly, which frequently resolves matters without proceedings.
Civil litigation
Preparing and conducting claims and defences before the appropriate courts.
Arbitration and mediation
Representation in arbitral proceedings, and advice on which forum your contract actually requires.
Debt recovery
Structured recovery for businesses carrying overdue receivables.
Workplace disputes
Advising employers and employees on termination, entitlements and grievances.
Typical matters
Examples of instructions in this area.
These illustrate the kind of work this practice area covers. They are not descriptions of specific client matters.
- Recovering sums owed under a supply agreement
- Defending a claim brought against a company
- Advising whether a dispute clause requires arbitration rather than court
- Negotiating a settlement that preserves a commercial relationship
- Applying for interim relief to preserve a position
Frequently asked questions
Questions we are asked most often.
Longer than most people expect, and the range is wide. It depends on the court, the complexity, the conduct of the other side, and matters outside anyone's control. We give a realistic range at the outset rather than an encouraging one.
Often yes, but from a position of strength and with a clear view of what you would accept. Settlement is not a failure of litigation. For most commercial disputes it is the sensible destination.
It varies with the nature and length of the matter, so we do not publish a figure. We explain our fee basis in writing before you instruct us, and flag in advance any step that will materially change the cost.
Preserve the paper trail: contracts, emails, invoices, delivery records, messages. Avoid admissions or threats in writing. Then take advice early. Early advice is usually the cheapest advice in a dispute.
These answers are general.
They describe how things usually work, not how they will work in your situation. Requirements
and timelines change. Please take advice before acting.
Related insights
Further reading
Seven clauses worth reading twice in any commercial contract
You will not read every word of every agreement. If you only have twenty minutes, these are the clauses where the money sits.
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